Query regarding joint holder.
Dinesh
(Querist) 30 June 2014
This query is : Resolved
I have the following query:
We are Joint Members staying in the same flat in a co-operative society.
I am the principle member and my cousin the joint member/ associate member.
We inherited the house from our respective fathers.
My father had been paying the outgoings since 1968 and inspite of asking for paying half the share my cousin's parents never paid up.
Now I pay the outgoings after my father's death.
Now after so many years, suddenly they applied to the society, when the society issued new certificates to all members, for a copy of the share certificate for themselves as well which the society did without informing us and neither did my cousin inform me that he has applied for the share certificate.
Now when I went to pay the outgoings, I was told by the society clerk that my brother has paid half the amount and the society has accepted the cheque. Again this time as well, neither my cousin nor the society informed us about the same.
I want to know if , is it not the society's duty to inform me whenever my cousin commmunicates with them, especially regarding issues which concerns me as well, being the principle member.
Also can the society accept the outgoings from my cousin(half share) for the fist time since we became members???
Thanks a lot for giving your Valuable Time to my Query.
Devajyoti Barman
(Expert) 30 June 2014
Any mistake in share certificate can always be rectified.
Moreover share certificate does not relinquish your share in the flat.
Raj Kumar Makkad
(Expert) 30 June 2014
Your cousin was and is the joint-owner of the property irrespective of the fact who paid the society charges. You can demand the 1/2 share of the society charges you paid on behalf of your cousin since last 30 years.
ajay sethi
(Expert) 30 June 2014
your cousin is 50%owner of flat . if society has accepted 50%of maintenance dues from his regarding the flat there is no harm in it
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
As suggested by expert Mr. R.K. Makkad Sir, you may claim half the charges of that you have been paying for all these 30 years from your cousin which will certainly raise eyebrows and will make them aware of the legal consequences in case they opt to go for such things on their own in the future.
Dinesh
(Querist) 04 July 2014
Thank you so much to you All for your Excellent Advise. Truly Appreciate.
Dinesh
(Querist) 04 July 2014
Thank you so much to you All for your Excellent Advise. Truly Appreciate.
V R SHROFF
(Expert) 04 July 2014
both have equal right; so can pay mtn. Society need not communicate // indoor management. U 2 are one and same for Society.
